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Can my probation officer come to my home and search it?

Seguin, TX |

I am on probation for Felony Theft with Differed Adjudication. My probation officer informed me that she will be doing home visits. Can she search my home? She told me that if there was any alcohol in my home, she would revoke my probation. My husband, who has NEVER had any legal problems, drinks beer and it is naturally in our home. Can she revoke me and/or search my home?

Attorney Answers 2


Yes, your probation officer does have the right to make home visits, and if possessing alcohol is a violation of your probation conditions, then yes, she can ask the court to revoke your probation if she finds alvohol in your home, regardless of whether you say it belongs to your husband. Basically, while you're on probation, your legal rights (and effectively those of anyone living with you) are restricted, and that's something you agreed to when you accepted the probation conditions.

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2 lawyers agree


Your probation officer can come to your home and give a cursory look but they can't turn it upside down like the police do.

It they start dumping out drawers and stuff you need to file a complaint against the officer.


Erick Platten
State Wide Representation

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